STATE OF HIMACHAL PRADESH Vs. KISHORI LAL

JUDGEMENT

(1.) By way of the present appeal, State has challenged judgment passed by the Court of learned Sessions Judge, Mandi, in Criminal Appeal No. 10/2007 dated 25.02.2011, vide which, learned Appellate Court has partly allowed the appeal filed by the accused and acquitted him for commission of offence punishable under Section 326 I.P.C., though it has maintained conviction of the accused under Section 323 I.P.C. as adjudicated by the Court of learned Additional Chief Judicial Magistrate vide its judgment dated 02.02.2007 in Police Challan No. 240-II/2001 dated 02.02.2007.

(2.) The case of the prosecution was that on 24.09.2001 at around 9.15 A.M. complainant Karam Chand was present at village Maghiath where he was working as Mason in the construction work of link road known as Bari to Dhanalag Road. Complaint found accused Koshori Lal extracting stones and he asked the accused not to do so, however, the accused did not heed to the request of the complainant. After Kishori Lal went to his house, complainant followed him to take the tools which were kept in the shop of the accused. When the complainant reached the shop of accused, the accused gave a blow of the handle of Ghan (hammer) to the complainant on his right arm, as a result of which, the complainant was injured. Thereafter, accused No.2 Piar Chand came there and he also hit the complainant with the handle of Ghan. Bachiter Singh, who heard the cries of his brother i.e. the complainant, also reached the spot. When he tried to rescue the complainant from the clutches of the accused, accused Kishori Lal hit Bachiter Singh also with chisel, as a result of which, Bachiter Singh suffered grievous injuries. Accused No. 2 also hit Bachiter Singh with the handle of Ghan. Prem Singh who also was the brother of the complainant also came there and he was also beaten up by the accused persons. The complainant and his brothers were rescued by Ram Singh, Jeevan Lal and Rattan Singh from the clutches of the accused. Accused threatened the complainant and his brother to do away with their lives. The matter was accordingly, reported to the police and an FIR was registered in this regard.

(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused persons, they were charged for commission of offences punishable under Sections 323, 326 and 506(ii) I.P.C. read with Section 34 I.P.C., to which they pleaded not guilty and claimed trial.